This Part 3 is enacted in accordance with the Master Plan of the Borough of Kenilworth, as amended, and is enacted for the following purposes:
A. 
To guide the appropriate use and development of land in a manner which will promote the public health, safety, morals and general welfare.
B. 
To secure safety from fire, flood, panic and other natural and man-made disasters.
C. 
To provide adequate light, air and open space.
D. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods and preservation of the environment.
E. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
F. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
G. 
To protect and preserve the unique character, identity and historic heritage of historical districts and historical sites.
H. 
To comport with such other purposes as set forth in N.J.S.A. 40:55D-2.
No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such building or premises is located.
A. 
For purposes of this chapter, the terms in this Part 3 shall have the meaning attributed to them herein except as may be specifically provided otherwise in this chapter, or unless the context clearly indicates a different meaning.
B. 
In case of conflict in the application of the RSIS,[1] the terms used herein shall have the meaning attributed to them in said standards.
[1]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
C. 
When a term is not defined herein, then the meaning shall be as defined by applicable statute. If a term is not defined herein or by applicable statute, then the meaning attributed by the Zoning Officer shall be binding unless reversed on appeal to the Board pursuant to N.J.S.A. 40:55D-70a. The Zoning Officer and Board may be guided by the definitions in The Complete Illustrated Book of Development Definitions, Moskowitz and Lindbloom, Center for Urban Policy Research, New Brunswick, 2015 or the latest edition of such manual.
In the construction of this chapter, the usage of words shall be as follows, unless the context, other provisions of this chapter, the application of law, or plain sense indicate otherwise:
A. 
The present tense shall include the future tense;
B. 
The singular number or word shall include the plural, and the plural, the singular;
C. 
The word "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action; and
D. 
The word "used" includes the words "arranged, designed or intended to be used."
The following statutes, with their citations, are referenced in this chapter:
A. 
Child Care Center Licensing Act, N.J.S.A. 30:5B-1 et seq.
B. 
Clean Air Act, 42 U.S.C. § 7401 et seq.
C. 
Code of Criminal Justice, N.J.S.A. 2C:34-6.
D. 
Community Affairs, N.J.A.C. 5:21.
E. 
Conservation and Development, Solid Waste Management, N.J.S.A. 13:1E-99.13a et seq.
F. 
Cooperatives, N.J.S.A. 46:8D-1 et seq.
G. 
County and Municipal Investigation Law, N.J.S.A. 2A:67A-1 et seq.
H. 
County Planning Act, N.J.S.A. 40:27-1 et seq.
I. 
Environmental Protection, N.J.A.C. 7:7A et seq., and 7:27-1.1 et seq.
J. 
Family Day Care Provider Registration Act, N.J.S.A. 30:5B-16 et seq.
K. 
Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.
L. 
Institutions and Agencies, N.J.S.A. 30:11B-1 et seq.
M. 
Law and Public Safety, N.J.A.C. 13:27, 13:40 and 13:41.
N. 
Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
O. 
Map Filing Law, N.J.S.A. 46:26B-1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
P. 
Municipal and Counties Local Bond Law, N.J.S.A. 40A:2-22.
Q. 
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
R. 
Motor Vehicle and Traffic Laws, N.J.S.A. 39:1-1 et seq.
S. 
Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.
T. 
Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
U. 
Pollution Control Law, N.J.S.A. 26:2C-1 et seq.[1]
[1]
Editor's Note: This citation refers specifically to the Air Pollution Control Act.
V. 
Property and Public Records, N.J.S.A. 46:8B-1 et seq.
W. 
Public Utility Commissions, N.J.S.A. 48:2-13 et seq.
X. 
Radiation Protection Act, N.J.S.A. 26:2D-1 et seq., and N.J.A.C. 7:28-1.1 et seq.
Y. 
Residential Site Improvement Standards, N.J.A.C. 5:21 et seq.
Z. 
Soil Conservation, N.J.S.A. 4:24-18 et seq.
AA. 
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
BB. 
Tax Sale Law, N.J.S.A. 54:5-14 et seq.
CC. 
Uniform Construction Code, N.J.A.C. 5:23 et seq.
DD. 
Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
EE. 
Water and Water Supply, N.J.S.A. 58:1A-1 et seq.
A. 
Any nonconforming use or structure lawfully existing at the time of passage of the ordinance which made such use or structure nonconforming may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof. The applicant for any application for development shall have the burden of proof.
B. 
Maintenance may be made to a nonconforming use, structure, or lot, provided the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose, or increase the nonconformity in any manner.
C. 
Any existing structure with a permitted use located on either a conforming or nonconforming lot, but which building is situated on the lot so as to violate one or more yard requirements, may have additions to the principal building and/or construct an accessory building without an appeal for a variance, provided the floor area ratio, total permitted building or lot coverage is not exceeded and the accessory building and/or the addition to the principal building does not violate any setback or other requirements of this chapter.
D. 
An existing lot whose area and/or dimensions are sufficient to permit a subdivision, but where a structure exists on the lot with one or more setback violations, may nevertheless be subdivided without an appeal for a variance, provided the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violations.
E. 
Notwithstanding the protections provided in this section, the Planning Board will review any application for development by applying the purposes of zoning and the purposes of the Municipal Land Use Act, N.J.S.A. 40:55D, in reviewing said applications. The Planning Board will encourage each applicant to reduce, to the greatest extent possible, the degree of nonconformity with each new application for development.
[Added 9-23-2020 by Ord. No. 2020-08]
A. 
Enforcement. The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Borough and such other officers as may from time to time be designated by the Mayor and Council. The police officers of the Borough shall bring to the attention of the Zoning Officer any violations. In no case shall a permit be granted for the construction, alteration, repair, remodeling, conversion, removal or destruction of any building which would be in violation of any provision in this chapter. It shall be the duty of the Zoning Officer or their duly authorized assistants to cause any building, plans or permits to be inspected and examined and to order in writing the remedying of any conditions found to exist in violation of any provisions of this chapter, and they shall have the right to enter any building or premises during the daytime in the course of their duties.
B. 
Records.
(1) 
It shall be the duty of the Zoning Officer to keep a record of all applications for building permits, a record of all permits issued, and a record of all certificates of occupancy, together with a notation of all special conditions involved. They shall file and safely keep copies of all plans submitted and the same shall form a part of the records of their office and shall be available for the use of the Borough Council or of other officials of the Borough of Kenilworth.
(2) 
The Zoning Officer shall prepare a monthly report for the governing body summarizing for the period since his last previous report all building permits and certificates issued by him and all complaints of violations and the action taken by him consequent thereto. A copy of each such report shall be filed with the Borough Clerk at the time it is filed with the Borough Council.
C. 
Certificates and permits.
(1) 
Temporary use permits. It is recognized that it may be in accordance with this chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and so located that at the time of petition they will in no way exert a detrimental effect upon the uses of the land and activities normally permitted in the zone or they contribute materially to the welfare of the Borough, particularly in a state of emergency under conditions peculiar to the time and place involved, the Planning Board may, subject to all regulations for the issuance of building permits elsewhere specified, direct the Zoning Officer to issue a permit for a period not to exceed six months. Such period may be extended not more than once for an additional period of six months.
D. 
Violations and penalties.
(1) 
If, before a final approval of a subdivision has been obtained, any person who transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which by this chapter the approving authority is required to act, such person shall be subject to a fine not to exceed $1,000, and each parcel, plat or lot so disposed of shall be deemed a separate violation.
(a) 
Any owner or agent, any person or corporation who shall violate any other provision of this chapter or fail to comply therewith or with any of the requirements thereof, and who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use in violation of any detailed statement or plan submitted and approved hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be subject to the following: a fine not exceeding $2,000; imprisonment for a period of not to exceed 90 days; a period of community service of not to exceed 90 days. Each and every day such violation continues shall be deemed a separate and distinct violation.
(b) 
The owner of any building or structure, lot or land, or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall each be guilty of a separate offense, and upon conviction therefor shall be liable to the penalties specified in Subsection D(1)(a) above.
(c) 
In addition to the foregoing, such other remedies set forth in N.J.S.A. 40:55D-55 shall be available to the municipality.
(2) 
Any individual, corporation, company, association, society, firm, partnership or other entity who shall violate any term, condition or restriction contained in any easement, or any legal restriction upon real property which shall have been created in accordance with or pursuant to any provision of this chapter shall, upon conviction, be liable for the penalties provided above in Subsection D(1), or required to implement a restoration plan prepared by the Planning Board, or collectively to the fine, restoration and imprisonment.
(a) 
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall each be guilty of a separate offense, and upon conviction therefor shall be liable to a fine or imprisonment or both hereinbefore specified.
(b) 
In addition to the foregoing, such other remedies set forth in N.J.S.A. 40:55D-55 shall be available to the Borough.